Summons

[Jasonc126]

I just a received a summons the other day from one of my creditors but I have not completely paid all my bankruptcy costs. I have an appointment tomorrow with my attorney. Does anybody know what will happen? How does that work?

[AngelinaCatHub]

You have 20 or 30 days to respond. I would do that. Show up and attempt a stall by claiming the amount is wrong and you want an accountability. If you do not show, you will get an immediate Default Judgment. You want to avoid a Judgment. Get your payment ahead or convince the lawyer to file you as he can do this on PACER and then the automatic stay will quell that action. If you are discharged, the suit will go away. 'Hub

[anuta]

Yes--do respond. If you do nothing at all it will go to a default judgment. You could also ask for an extension from the court because the date will not work for you.

[Jasonc126]

What will the lawyer do when I go see her tomorrow?

[Jasonc126]

Yes and my lawyer today said something about garnishing my wages? The only income I have is social security disability and a part time job. Can they do that? Could they freeze my account? This bankruptcy is really going to take its toll on me

[LuciluS]

Hope you are able to get your Attorney paid in full before the Summons as Our Attorney (paid in full) told us if a summons was filed from a creditor he could file 'something (forgot the name of it)' in court to delay the hearing until we can file 9/30/09.

Don't let this Bankruptcy Take Over Your Life. I know it is stressful as we quit paying our CCs last Sept. and I'm home (100% disabled) 99.5% of the time.
I no longer answer the phone on the advise from our Attorney. As some told me when I began posting "Filing Bankruptcy is a Business Decision and to Leave Your Emotional Side Out Of It". When I start to feel the tension from our BK 'coming on' I repeat the above quote over and over and honestly, it helps to get me back on track.

CCs' or collection agencies are not able to touch your Disability; however, if you only have 1 checking acct. and it is lumped with your part time job wage, banks don't distinquish between the two If they receive a Judgement to freeze your account or remove monies.

IMHO, if checking accts. are free, open up another checking acct. to put your part time wages in & just transfer from the 'disability acct' when you need monies to pay your bills. Or vice versa. I stated the new acct. for your part time wages because if you are like me, my disability check is a direct deposit and it's a hassle to get it changed to a different account.

Look up your State's Law on Garnishing Wages. Some allow it with different % garnished and some don't.

Luci

[Jasonc126]

I don't really know what to do. I haven't complete paid my bankruptcy fees. I hope they don't garnish my wages or freeze my accounts.

[LuciluS]

I don't really know what to do. I haven't complete paid my bankruptcy fees. I hope they don't garnish my wages or freeze my accounts.

Did your lawyer give you any 'tips' on answering the Summons?Can you get your lawyer paid before the Court date?

Don't mean to be harsh, But don't sit around and mope about it. Start googling your State's Garnishment Laws. Research the internet and see if you can find a 'similar' or form letter to answer the Summons.

Maybe a Guru or Moderator will come along with other information for you.

Good Luck!

Luci

[Jasonc126]

My Lawyer told me not to answer the summons.

[MrSmithster]

investigate all options. you can also file without a lawyer online if you cant afford one in the near future. or like i did, my lawyer charges $2000 for a chapter 7(i didnt have $2k, and didnt see comming into it in the future), but he will do all the paperwork for $499. i had to file myself and pay the $299 court charge(at time of filing) and then go to my 341 myself, but all went fairly smooth. i was in the same position as you, i had to file before garnishments, so i had to go the cheap route. now awaiting discharge, im glad i did.

[JRScott]

How soon do you plan to have the lawyer paid?

In essence how the situation normally works, you are summoned. Have 30 - 45 days to answer depending on state. If you don't answer default judgment entered. Still this just establishes that you owe the debt. Then you enter into the area where they get a deposition on your finances, this takes a couple weeks to a month. Then depending what that reveals they then can seek garnishment. In essence you're looking at at least 2 months and possibly as long as 5 months before they could do any garnishment depending on state from now. That's probably why your lawyer advised you not to reply.

If you plan to get filed in the next couple months wouldn't be an issue most likely at all. Even if a judgment is entered against you it can be vacated after the bankruptcy.

[Jasonc126]

Motion and Affidavite for Default Judgement filed...what does that mean....I just received this letter today.

[StartingOver08]

Sounds like you did not respond so the plaintiff is moving for a default judgement.

[Jasonc126]

Yes I was told by my lawyer not to respond to the summons. How soon can they start garnishing my wages....if they can?

[unclerico]

Hi

Usually it is 30 days, allowing time for appeal. Then they have to locate assets, bank accounts, serve the garnishment on your employer (if they know who it is).